Electoral Court rules in favour of Zuma and MK party ahead of 29 May polls

The Electoral Court has upheld former president Jacob Zuma’s appeal against the Electoral Commission of South Africa (IEC) for striking him off the uMkhonto weSizwe (MK) party’s candidates list.

This means Zuma can contest the elections on 29 May.

The IEC previously upheld an objection to Zuma being included on the list because of his previous conviction and sentence for contempt of court.

It said Zuma was disqualified and could not be a candidate in the national and provincial elections because he was sentenced to 15 months in prison for contempt of court. 

Watch: Zuma supporters protest outside Johannesburg High Court

The Electoral Court made the order on Tuesday after a day of arguments, deferring the reasons because of the constraints of the IEC’s timetable.

The full judgment will be handed down electronically later.

Court order in MK party vs IEC

The court made the following order:

• The application for leave to appeal is granted.
• The appeal succeeds.
• The decision of the Electoral Commission of 28 March 2024 in terms of which the Electoral Commission upheld Dr Matsapola’s objection to the second applicant’s candidacy (Mr Zuma) is set aside and substituted with the following: “The objection is hereby dismissed”
• No order is made as to costs.

The MK party turned to the court in a last-ditch bid to have Zuma on the ballot.

IEC argument

During court proceedings on Monday, the counsel for the IEC, Advocate Thembeka Ngcukaitobi, argued that it does not matter how Zuma was convicted for contempt of court – what mattered is that he was found guilty.

Ngcukaitobi said President Cyril Ramaphosa’s proclamation on remission was never to undo a sentence imposed.

He said Section 47 (1) (e) of the constitution speaks about the sentence imposed by the court.

“The reason we have Section 47 (1) (e) is because it is a legislative determination that certain convictions and certain offences would preclude a person from exercising their rights to come to Parliament.

“The reason they put it at 12 months is because it is a signal of the seriousness not only of the conviction but of the offence, and the reason they also make it clear that there should be no option of a fine because what the constitutional drafters are trying to tell us is that serious law breakers should not be lawmakers,” Ngcukaitobi argued.

ALSO READ: ‘Law breakers should not be lawmakers’: Ngcukaitobi argues that Zuma does not qualify for Parliament

MK party argument

Counsel for Zuma’s MK party, Dali Mpofu, argued the matter was essentially about the denial of a person’s right to participate in politics, and accused the IEC of wanting to disenfranchise millions of people who want to choose their leader via the newly formed MK party.

“At face value, we are dealing with the right to vote for those who support this party and former president Jacob Zuma… We find disturbing that the attitude of the electoral commission in this matter is exactly the opposite. The attitude has been: ‘Let’s see where we can catch him… Let’s ensure he doesn’t come out alive.

“That cannot be the attitude of a South African institution, let alone an independent institution whose job it is to ensure that our Section 19 rights (every citizen is free to make political choices) are realised,” Mpofu argued.

ANC vs MK party logo

Meanwhile, judgment was reserved last week in the ANC’s trademark case against the MK party.

The ANC wants to stop the MK party from using the name and logo linked to the ruling party’s armed wing uMkhonto weSizwe.

The judge said the ruling on the matter would be delivered in due course.

There were critical arguments made on the basis of urgency, including if the ANC acted swiftly enough in bringing the case to court and the jurisdiction of the matter.

ALSO READ: WATCH: Will ANC be happy if MK party is called ‘uMkhonto ka Zuma’? – Mpofu